Point of Law: Requisition notice received by Gaon Panchayat Secretary cannot be construed to be due notice to President and the period of 15 [fifteen] days as contemplated under Section 15 can be counted only from date of bringing requisition notice to personal knowledge of President formally through office note and not otherwise.

JUDGMENT :

Heard Mr. R. Ali, learned counsel for the petitioner; Mr. K. Konwar, learned Standing Counsel, Panchayat & Rural Development [P&RD] Department for the respondent nos. 1, 3 & 4; Mr. B. Deuri, learned Junior Government Advocate, Assam for the respondent no. 2; and Mr. A.R. Bhuyan, learned counsel for the respondent nos. 5–20.

2. The petitioner after being elected as a Member of Moirabari Anchalik Panchayat from Lalipathar Gaon Panchayat in the Panchayat General Election, was further elected as the President of Moirabari Anchalik Panchayat. 14 nos. of Members of the Anchalik Panchayat submitted a requisition notice dated 12.04.2022 before the Executive Officer, Moirabari Anchalik Panchayat on 13.04.2022 expressing want of confidence in the petitioner as President of the Anchalik Panchayat and by the said requisition notice, the 14 nos. of members had sought for convening a special meeting to discuss the motion of no confidence.

3. Mr. Ali, learned counsel for the petitioner has submitted that the requisition notice dated 12.04.2022 was received by the Executive Officer, Moirabari Anchalik Panchayat on 13.04.2022 but the same was never brought to the notice and knowledge of the petitioner seeking her approval to convene the special meeting to discuss the motion of no confidence. The Executive Officer, Moirabari Anchalik Panchayat had forwarded the matter on his own to the President of Morigaon Zilla Parishad vide his letter dated 29.04.2022 for further necessary action.

3.1. It is submitted by him that notwithstanding the above, it is revealed from a letter dated 20.04.2022 of the Executive Officer, Moirabari Anchalik Panchayat that the requisition notice had been shown forwarded to the petitioner purportedly by a letter dated 20.04.2022. Even if the said date, that is, 20.04.2022 is taken as the date of bringing the requisition notice dated 13.04.2022 to the notice and knowledge of the petitioner, then also the 15 [fifteen] days period did not expire on 29.04.2022, the date on which the Executive Officer, Moirabari Anchalik Panchayat had forwarded the requisition notice to the President, Morigaon Zilla Parishad. As such, the assumption of authority and jurisdiction by the Executive Officer, Moirabari Anchalik Panchayat to forward the requisition notice on 29.04.2022 prior to expiry of 15 [fifteen] days time period is ex-facie illegal. In such view of the matter, Mr. Ali has contended that all consequential action including the resolution passed in the special meeting held on 13.05.2022 under the chairmanship of the President, Morigaon Zilla Parishad on the basis of such requisition notice is not sustainable in law.

3.2. Mr. Ali, in support of his submissions, has referred to a decision of this Court in Rajia Patir vs. State of Assam & Others, reported in 2016 [4] GLT 854.

4. In Rejia Patir [supra], the subject-matter was adoption of a resolution of no confidence against the petitioner therein who was the President of Ghilamara Anchalik Panchayat, in a special meeting held on 27.07.2015. 8 [eight] Members of the Anchalik Panchayat submitted a requisition notice on the subject of no confidence against the petitioner therein. On receipt of the requisition notice, the Block Development Officer and Ex-Officio Secretary of Ghilamara Anchalik Panchayat forwarded the requisition notice to the concerned Zilla Parishad on 13.07.2015 without waiting for expiry of 15 [fifteen] days as stipulated under Section 43 of the Assam Panchayat Act, 1994. Thereafter, the Chief Executive Officer of the Zilla Parishad issued a notice on 16.07.2015 convening a special meeting for the purpose of considering the no confidence motion on 24.07.2015. The special meeting was accordingly held in the office of the Zilla Parishad where the motion was passed with requisite majority.

5. At this juncture, it is apposite to take note of the provisions contained in Section 15 and Section 43 of the Assam Panchayat Act, 1994, as amended.

5.1. Section 15 of the Assam